In Re Facebook 91202494
Apr 24, 2012OUTCOME: Facebook's 12(b)(6) Denied
Opposer filed an opposition against Facebook but not on the basis of "confusing similarity." Facebook filed a 12(b)(6) dismissal motion. The issue was precisely whether you need to allege "confusing ... similarity" to maintain an opposition. That is, whether you can oppose a registration of a brand because the registration will give the potential registrant adverse legal rights even though the brands are not confusingly similar. Gregg Zegarelli appearing and arguing for Opposer, the TTAB denied Facebook's motion and ruled that "confusing similarity" is not required within the meaning of "damage" to support an opposition.
